The rational reconstruction of weighing and balancing on the basis of teleological-evaluative considerations in the justification of judicial decisions
| Authors |
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| Publication date |
2008
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| Journal |
Ratio Juris
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| Volume | Issue number |
21 | 4
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| Pages (from-to) |
481-495
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| Organisations |
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Faculty of Humanities (FGw) - Amsterdam Institute for Humanities Research (AIHR) - Amsterdam School for Cultural Analysis (ASCA)
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| Abstract |
In this contribution the author develops an argumentation model for the reconstruction of weighing and balancing on the basis of teleological-evaluative considerations. The model is intended as a heuristic and critical tool for the rational reconstruction of the justification of judicial decisions. From the perspective of a rational discussion, it makes explicit the choices underlying the weighing and balancing on the basis of goals and values so that they can be made explicit and submitted to rational critique.
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| Document type |
Article
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| Published at |
https://doi.org/10.1111/j.1467-9337.2008.00402.x
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